The principle of typicity in administrative penalty law

Abstract

The purpose of this work is to analyze the application of the principle of adequacy of a certain behavior with the legal description rendering such behavior unlawful (“tipicidad’) in connection to the sanctioning rules under administrative law. In particular, this work analyzes the concept of the aforementioned principle, its differences with the equivalent principle under criminal law and with the principle of legality and, its nature as a general principle of law. Additionally, this work aims to study the scope of such principle and which are the limits to applying rules by reference and the prohibition of analogy. Finally, a practical analysis is carried out regarding the application of this principle by the Administrative High Court.